In case you are wondering, my recent post about ladybirds being dangerous (here) explained that Miriam Elia recently published an artwork in the form of a 1960s Ladybird Book and ended up in a dispute over copyright with Penguin Books.

The book is called ‘We go to the gallery’ and features Peter, Jane and Mummy going to an exhibition where they learn about sex, death, religion and modern art. Printing costs were raised via crowdfunding.

The artist has now been told that she can sell enough copies to cover her costs but that’s it. However, she remains hopeful that she will be able to do another print run soon if the law is changed and she alters the design slightly.**

‘Thankfully the UK law is changing in my favour this April, which will allow original works of parody and satire to be protected against this sort of situation.’

Here’s an excerpt from The Guardian on 2 March 2014: ***

‘[Elia] stressed that Penguin has been sympathetic and has been open to negotiation, but ultimately would not back down on what it saw as infringement of its copyright.

“I’ve been talking to them a lot and suggesting ways around the problem. And they do understand. There’s no malice, but it’s harsh because they can destroy the work. I just want it to be appreciated. It was supposed to be an homage to Ladybird – and a bit of a satirical comment on the art world, I suppose.”‘

This case made me wonder about the legal risks for third parties who provide financial support for projects via online crowd source funding.

What is expected of investors in terms of their responsibilities to conduct due diligence checks and what is their potential exposure? Presumably a key question involves to what extent, if any, investors stand to profit (e.g. an equity stake). But how is the grey area between no liability and shared liability addressed?

Does anyone even read the small print to check how donating money in return for some sort of reward (e.g. a signed book) affects their rights? Is the risk limited to losing your money and never receiving the reward? And what if the issue is more serious than a copyright infringement?

Yep – I like that one too. And would love a copy of the book if she does a reprint. Jealous that you can make short trips to places like the Whitney! I won free tickets to a Gold of the Incas exhibition so that’s my next culture fix.